Is Venture Richmond planning to use the city ordinance that authorizes “temporary events” to circumvent zoning requirements?

Every neighborhood in Richmond should be watching this closely. Venture Richmond is proposing $500,000 in permanent alterations, which would damage the historic James River and Kanawha Canal, for its proposed “Tredegar Green” theater. But the theater is not a permitted use under current zoning. Remember, as reported in yesterday’s post, Jack Berry of Venture Richmond told the Oregon Hill Neighborhood Association that “we would probably be open to the idea of renting it.” which is not the same story that was told to the Planning Commission.

In a bizarre twist, the City Planning Commission approved the “location” of the amphitheater although it is not permitted under the zoning, and no re-zoning application has been submitted. Apparently Venture Richmond may be relying on an ordinance, intended for yard sales and other temporary events, to try to force through the project without complying with zoning laws.

If you scroll to the very end of the ordinance below you will find the section on temporary events:

http://eservices.ci.richmond.va.us/applications/clerkstracking/getPDF.asp?NO=2012-234-2013-2

It refers to the definition section of the ordinance, which defines a “temporary event” as four events annually.

At this time, aggrieved neighborhood residents cannot appeal because the zoning administrator will not rule on hypothetical situations, and Venture Richmond received approval for the “location” of the project before applying for a Special Use Permit, re-zoning, or for work permits. If Venture Richmond can receive City permission to implement $500,000 work for “temporary use” of a development not permitted under current zoning, wouldn’t that also allow someone to put in a motorcycle race track in a residential zoning so long as they said they would stage only four “temporary events” a year?

This would truly open Pandora’s Box if any developer could implement any development, not permitted by zoning, by saying they only intended to use it four days a year. (Later, after the damage was done, they probably would say that it was a hardship to only be allowed to use such a facility four days a year.)